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What Type of Lawyer Handles Easement and Road Maintenance Matters?

What Type of Lawyer Handles Easement and Road Maintenance Matters?

Full question:

I am considering locating an attorney regarding matters pertaining to a non-profit homeowner's association formed for a private road that my home is located on along with a beach right-of-way that is permitted when i purchased my home. Can you kindly advise me as to the type of lawyer that would be most knowledgeable in this area. From what I have check into so far, it appeared that I should contact a real estate lawyer; however, I still am not sure if that is best for me. I located a real estate lawyer who handles HOA, but would like your opinion for right-of-ways and HOA and the most helpful lawyer for this.

Category: Courts
Subcategory: Attorneys
Date: 04/07/2025
State: New York

Answer:

Road associations can organize in a variety of ways. While some exist based upon verbal agreements, it is recommended to have a written agreement that is notarized and filed with the county recorder, making them legally binding to the individuals who have signed them and to future property owners. An agreement that allows establishment of property lien rights for fee collection is important. In some cases, a private road association takes the form of a homeowner's association or non-profit corporation.

Please see part VI at the following link:

http://www.awqa.org/pubs/conservation/PrivateRoadGuide.pdf

An attorney who handles real estate matters should be qualified to handle matters involving road associations, easments, right-of-way, etc. Please feel free to consult our attorney directory at the following link:

http://lawyers.uslegal.com/real-estate/new-york/

You may also wish to consult the referral service of the local bar associations at:

http://scba.org/
http://www.nysba.org/AM/Template.cfm?Section=Public_Resources&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=33993

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much power do HOAs actually have?

Homeowners' associations (HOAs) have significant authority over community rules and property management. They can enforce community standards, collect dues, and impose fines for violations. Their powers are typically outlined in the association's governing documents, such as bylaws and covenants. However, their authority is limited by state laws and must be exercised fairly and consistently. Homeowners can challenge HOA decisions if they believe the rules are being enforced improperly.

Who regulates HOAs in Pennsylvania?

In Pennsylvania, HOAs are primarily regulated by the Pennsylvania Uniform Planned Community Act (68 Pa. C.S. § 5101 et seq.). This law outlines the rights and responsibilities of both the associations and homeowners. Additionally, the Pennsylvania Attorney General's office can intervene in cases of unfair practices or violations of consumer protection laws. Homeowners can also seek recourse through local courts if they believe their HOA is acting outside its legal authority.

Does an HOA need an attorney?

While an HOA is not legally required to have an attorney, it is often advisable. An attorney can help ensure that the association complies with state laws, drafts enforceable rules, and handles disputes effectively. Legal guidance can also be crucial in navigating complex issues such as contracts, property rights, and enforcement actions. Consulting with an attorney can help prevent costly legal mistakes.

Why does an HOA need an attorney?

An HOA may need an attorney to navigate legal complexities related to property management, enforce community rules, and resolve disputes. An attorney can assist in drafting governing documents, ensuring compliance with state laws, and representing the HOA in legal matters. Having legal counsel helps protect the association's interests and can provide clarity on rights and responsibilities.

How do I start a petition against an HOA?

To start a petition against an HOA, first, gather support from fellow homeowners who share your concerns. Clearly outline the issues in your petition and specify the changes you seek. Ensure that your petition complies with any requirements set forth in the HOA's governing documents. Once you have collected signatures, present the petition to the HOA board during a meeting or through official communication channels. Document the process to ensure transparency.

Can a neighborhood start an HOA without permission?

Yes, a neighborhood can start an HOA without permission, but it typically requires organizing the community and drafting governing documents. It’s advisable to have a clear plan, including rules and responsibilities, and to inform all property owners. However, existing HOAs may have rules that affect the establishment of a new association, so it’s important to review any existing agreements or covenants that may apply.